Text
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of C in Kimhae-si, who employs four full-time workers and operates a memorial business.
When an employer concludes a labor contract, he/she shall deliver the worker a written document specifying the matters pertaining to the constituent items, calculation method, payment method of wages, contractual work hours, holidays, and annual paid leave.
Nevertheless, from November 19, 2018 to January 3, 2019, the defendant works as a funeral director in the above workplace.
In concluding a labor contract with retired workers D on November 2018, there was no document stating the composition items, calculation method, payment method, contractual work hours, holidays, and annual paid leave.
Summary of Evidence
1. Statement made to D by the police;
1. Kakao Stockholm, signed or omitted labor contract (Article 17 of the Labor Standards Act provides that an employer shall clearly state the wages, contractual work hours, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree to a worker when concluding a labor contract (Article 17 of the Labor Standards Act). Among them, documents stating the items, calculation method, payment method and contractual work hours of wages, holidays, and annual paid leave shall be delivered (main sentence of paragraph (2)). The contents and system of Article 17 of the Labor Standards Act; generally, the content and system of Article 17 of the Labor Standards Act does not require a special form to conclude a labor contract; however, the legislative intent of Article 17 of the Labor Standards Act, which is set forth in order to strengthen the legal status of workers, can be said to be when an employer intends to conclude a labor contract, i.e
According to evidence duly adopted and examined by this Court, D reports Internet job offer advertisements to police officers on November 2018, and interviews with the Defendant on November 19, 2018, and the Defendant served on November 19, 2018, and the Defendant on January 1, 2019.